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RICHMOND, Va. (CBSDC/AP) — A civil liberties group is taking the case of a Virginia student suspended for shooting fellow students with plastic pellets to the U.S. Supreme Court.

The Rutherford Institute said Friday that it has asked the court to hear Andrew Mikel’s case.

The Spotsylvania High School student was suspended in December 2010 for the rest of the school year. School officials said he shot small, hollow plastic pellets at other students during lunch, which constituted “violent criminal conduct” and possession of a weapon.

The Supreme Court of Virginia rejected the institute’s initial appeal and later refused to rehear the case.

In their latest petition, institute lawyers argue that Mikel’s actions weren’t criminal. They also say Mikel’s due process rights were violated.

Mikel was a 14-year-old freshman when he was suspended.

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